424A - Request for access to documents or …

1 424A (Design date 11/16) - Page 1 COMMONWEALTH OF AUSTRALIA, 2016 Request for access todocuments or informationForm424 AImportant Please read this information carefully before you complete the Request . Once you have completed your Request we strongly advise that you keep a copy for your records. Your rightsYou have a right to Request access to your own personal information under the Privacy Act 1988 (the Privacy Act). Under the Freedom of information Act 1982 (the FOI Act) you can also access copies of documents (except exempt documents ) held by the Department of Immigration and Border Protection (the department) and other Australian Government departments. The department will attempt to release the information in line with our open and accountable culture. If your Request can be processed under the Privacy Act, it will either be processed by the FOI team or sent to the relevant business area of the department, to be completed within 30 days.

2 Where your Request is likely to be complex or take longer than 30 days we will process your Request under the FOI Act. At any time you can ask for your Request to be treated as a Request under the FOI Act. Please note, where we are able to process your Request under the Privacy Act and you inform the department that you would like the Request to be actioned under the FOI Act, the legislative timeframe under the FOI Act will commence from that the department is unable to provide access to documents under the Privacy Act, your application will be taken to be a Request for access under the FOI Act from the date that your Request is received by the department. access to your personal information under the Privacy ActUnder the Privacy Act you may obtain original documents which you have given to us or copies of personal documents on your file which you have provided to us or that we have sent to can contact your current departmental case officer or any office of the department and ask for your documents .

3 For a list of our offices please check the department s website at However, if the documents you seek are not located at that office you may be asked to complete this form or put your Request in writing. If your Request relates to the documents or personal information of another person, you may need to make a Request under the FOI Act. The Privacy Act requires that the department responds to requests for access to personal information within 30 days. Further information is contained in form 1442i Privacy to documents under the FOI ActUnder the FOI Act you can access documents held by the department, including policy documents and personal information , subject to exemptions necessary to protect essential public or private interests. access to specific personal information held by the departmentIf you are seeking: Evidence of your Australian Citizenship, please complete form 119 Application for evidence of Australian citizenship.

4 Evidence of your residence status in Australia please complete form 164 Application for evidence of resident status in Australia. Your International Movement records, please complete form 1359 Request for international movement records. Your superannuation status, please complete form 1194 Certification of Immigration Status and/or Request to cancel a Temporary Resident forms are available online or from any office of the to departmental documents held by the National Archives of Australia documents considered to be in the open access period under the Archives Act are held by the National Archives of Australia. To enquire about any such departmental documents please visit the National Archives of Australia ask a question website : Requests for access to personal information must be directed to the department in the first someone else make a Request for you?

5 You may ask someone else, such as a friend or migration agent, to make a Request for you. If you nominate a friend or migration agent to act on your behalf, you must fill in Part C of this form. All notices regarding your Request will be sent to them. If you change your nominated friend or migration agent for your FOI Request , it is important that you advise us as soon as you want documents or information about another personTo assist us in deciding if we can provide another person s information to you, please provide evidence of your authority to ask for their information . For example, if they consent to your Request , please provide evidence of this or have them complete Part D of this form where indicated. That person will also usually need to provide proof of identity (such as a Passport or Driver s licence). If you are unable to provide authority, please provide a reason why you believe this information should be released to you.

6 How to make a valid Freedom of information (FOI) Request for accessTo make a valid FOI Request , you must: put your Request in writing. You can use the attached form or send a letter detailing your Request either by post or email. If you do not use this form you must state that your Request is made under the FOI Act; describe in detail the documents you wish to access ; and include details of how notices of information may be sent to (Design date 11/16) - Page 2 COMMONWEALTH OF AUSTRALIA, 2016 Proof of identityIf you are requesting your own personal documents please include a certified copy of some form of photographic identification (such as a Passport or Driver s license) to assist us in processing your or annotation your personal informationYou may ask that your personal information be changed if it is inaccurate and has been used or could be used for an administrative purpose.

7 See form 424C Request for amendment or annotation to personal to send your requestThe department processes requests for documents in Melbourne, Sydney and you live in Victoria, Western Australia or South Australia, please send your Request to:Freedom of information Melbourne Department of Immigration and Border Protection GPO Box 241 MELBOURNE VIC 3001 Email: you live in New South Wales, Queensland, the Australian Capital Territory, the Northern Territory or Tasmania, please send your Request to:NSW Freedom of information Department of Immigration and Border Protection GPO Box 9984 SYDNEY NSW 2001 Email: you live overseas, please send your Request to:Freedom of information Section Department of Immigration and Border Protection PO Box 25 BELCONNEN ACT 2616 AUSTRALIAE mail: will a FOI Request cost?

8 There is no charge to access your own costs relating to FOI requests for other documents , such as policy documents or documents about people other than yourself, are determined by the Freedom of information (Charges) Regulations 1982. The department may ask for payment of charges for processing your Request as follows:Search and retrieval of documents per hourDecision-making/consultation per hourPhotocopying documents 10 cents per pagePostage Actual costSupervised inspection of documents per half hour or part thereofThe first 5 hours of decision-making time will be the estimated charge for processing your Request exceeds , we may ask you to pay a 25% deposit before we can timesUnder the FOI Act the standard processing time is 30 days. The department may contact you should an extension of time be required.

9 The department receives many FOI requests and can respond to your FOI Request more easily if we know what specific documents you want access to and when you need them (see Question 13).Compliments and complaintsYour suggestions are valuable to the department and will help to improve our services. To provide compliments or complaints about the department you can: contact the Global Feedback Unit, telephone 133 177 (toll free in Australia) during business hours; visit the department s website ; or contact the nearest office of the department or Australian mission Australian information CommissionerIf you are not happy with how the department has handled your Request , you can contact the Office of the Australian information Commissioner in the following ways: Online: writing: GPO Box 2999 CANBERRA ACT 2601 Telephone: 1300 363 992 (local call charges apply)Important information about privacyYour personal information is protected by law, including the Privacy Act 1988.

10 Important information about the collection, use and disclosure (to other agencies and third parties, including overseas entities) of your personal information , including sensitive information , is contained in form 1442i Privacy notice. Form 1442i is available from the department s website or offices of the department. You should ensure that you read and understand form 1442i before completing this enquiriesIf you have an enquiry, please telephone 131 881 (toll-free within Australia) and ask to be directed to the Freedom of information office for your state or territory, or email the relevant office on page 2. For general information on FOI you should visit the Australian information Commissioner s website enquiry lineTelephone 131 881 during business hours in Australia to speak to an operator (recorded information available outside these hours).